Holding that the mark "Poly Pitcher" was inherently distinctive because it referred both to the product's polyethylene material and to Molly Pitcher, a semi-mythological figure of the American Revolution
In University of Notre Dame Du Lac v. J.C. Gourmet Food Imports Co., 703 F.2d 1372, 1376, 217 USPQ 505, 509 (Fed. Cir. 1983), the court added that section 2(a) embraces concepts of the right to privacy which may be violated even in the absence of likelihood of confusion.
Holding that “SUGAR & SPICE” for baked goods was “more than a mere description of the ingredients of the goods” because it evokes associations with the rhyme “everything nice”
Deciding the "right to registration" of the trademark "SUPER BLEND" based on the "factual situation" of concurrent use "as of the time when registration is sought"
15 U.S.C. § 1052 Cited 1,597 times 274 Legal Analyses
Granting authority to refuse registration to a trademark that so resembles a registered mark "as to be likely, when used on or in connection with the goods of the applicant, to cause confusion, or to cause mistake, or to deceive"